Case 1:20-cv-00484-JGK-DCF Document 87 Filed 12/21/20 Page 1 of 5 PANISH SHEA & BOYLE I December 21, 2020 VIA ECF Hon. John G. Koeltl Daniel Moynihan United States Courthouse 500 Pearl Street New York, NY 10007 Re: Doe v. lndyke, et at, 1:20-ev-000484-JGK-DCF Letter Motion to Dismiss Pursuant to FRCP 41(a)(2) Dear Judge Koeltl: Pursuant to FRCP 41(a)(2), plaintiff Jane Doe in the above-referenced action hereby requests that the Court dismiss this case forthwith in accordance with the terms set forth in the concurrently submitted stipulation for dismissal executed by both plaintiff Jane Doe and defendants Darren Indyke and Richard Kahn, Co-Executors of the Estate of Jeffrey Epstein. Only defendant Ghislaine Maxwell is refusing to stipulate to the dismissal. Brief Background Following the filing of this lawsuit, plaintiff Jane Doe was consistently encouraged by the parties to stay this case so that she may participate in the Epstein Victims' Compensation Program ("the Program"). Because, however, the Program rules clearly stated that "[i]ndividuals who have filed a lawsuit need not agree to a stay of litigation or make any other concession in any pending litigation to be eligible to participate in the Program," plaintiff did not agree to such a stay. Instead, defendant Ghislaine Maxwell brought a motion to stay these proceedings which was then joined by the Epstein Estate and the U.S. Government. Magistrate Judge Freeman granted the stay. Since that time, plaintiff submitted a claim to the Program. The Program administrator made a monetary offer to plaintiff which plaintiff accepted. The Epstein Estate and Ghislaine Maxwell mandated that Ms. Maxwell be included in the Program settlement release (presumably because when she committed her tortious and criminal conduct against the victims she was doing so as an agent and/or employee in the scope of her agency and/or employment with Mr. Epstein). Plaintiff signed the release and sent it back to the Program administ